KAILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Additional Sessions Judge, Aurangabad dtd. 1/4/2016 in Sessions Case No.51 of 2013, holding appellant Kailas guilty for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentenced him to suffer imprisonment for life and to pay fine of Rs.2,000.00.

(2.) Deceased Rupali, sister of PW1 Bhaginath Vishnu Chavan, was married to appellant Kailas in 2005. In 2009, accused, while staying with deceased, started suspecting her fidelity and on such count he beat her. On information received from deceased, accused was given understanding. Four months prior to death of Rupali, she had returned back to her maternal house alleging beating by accused on chest. After 15 days, on assurance of good treatment, she went back to cohabit with accused and they started residing in a rented room owned by PW3 Dilip Chormale. On 17/12/2012 informant brother received a telephonic message that some untoward incident has taken place in the house of his sister and so he rushed to her house and found dead-body of his sister. Accused was not present there. Police prepared inquest and referred body for post mortem and thereafter, informant brother set law into motion, on the strength of which, crime No.I-169 of 2012 was registered with MIDC Cidco Police Station, District Aurangabad for the offence punishable under Ss. 302 and 498-A of the Indian Penal Code (IPC). After completion of investigation and after being charge-sheeted, trial commenced and on its conclusion after hearing both the sides, learned trial Judge reached to a finding that prosecution has established that death of Rupali was homicidal one and accused strangulated her and intentionally committed her murder and hence, convicted the appellant and sentenced him to suffer imprisonment for life and to pay fine of Rs.2,000.00.

(3.) We have heard both the sides.